June 2021 MTTO Newsletter
Regulatory By Jai Kumar Alimchandani Non-compliance with regulations is not an option. This can result in expensive fines and penalties for the Company as well as possible prison sentences for staff at sea and ashore. When any vessel is in doubt regarding regulations or procedures, they shall contact relevant shore departments. If necessary, these concerns may be escalated through management levels. Whenever required, regulatory affairs will be consulted. To reiterate, Maersk Tankers has a zero-tolerance policy towards non-compliance. The below quoted articles were published by gCaptain on 10 June 2021, and The Maritime Executive on 17 June 2021 respectively. The first deals with the Master over-riding authority, and by extension, his responsibility, and the second article reflects on yet another case of non-compliance with the requirements of MARPOL. Enforcement, which had taken a ‘back seat’ during the pandemic is slowly being ramped up again. The gCaptain article can be found at: https://gcaptain.com/mauritius-top-court-deniesbail-to-wakashio-captain-master-to-remain-in-jailpending-trial/ The Maritime Executive article can be found at: https://www.maritimeexecutive.com/article/spanish-authorities-divertand-detain-tanker-for-discharging-petroleum
Sunil Kumar Nandeshwar, the Master on board Wakashio when it grounded on reefs off Pointed’Esny on July 25, 2020, will have to stay confined within the walls “Alcatraz”, the infamous Line Barracks’ Detention Center of Port-Louis, until his trial starts. The Supreme Court rejected Nandeshwar’s appeal on Monday against a previous judgment by the Port-Louis District Court’s denying him bail. Chief Justice Asraf Caunhye and Justice Mohanasundary Naidoo agreed with the police and the Director of Public Prosecutions (DPP) who insisted that there is just too high of risk that the Indian national accused of being responsible for grounding will take advantage of the opportunity to flee the island. Captain Nandeshwar was arrested on August 18, 2020 after two weeks in quarantine under a provisional charge under the piracy laws. Two months later, his lawyer applied for his release on bail, but the District Court of Port-Louis denied it. The charges against Nandeshwar have since been amended to violating an innocent passage in breach of Sections 3 & 28(1)(a) of the Mauritius’ Maritime Zones Act 2005 coupled with Articles 18(1)(b) & (2) and Articles 19(1) & 2(1) of the United Nations Convention of the law of the sea (UNCLOS). Police also objected to the appeal based on the risk of escape, especially since the captain has blamed the first officer for the grounding. The District Court of Port-Louis rejected his request after taking into account the fact that the accused has no family in Mauritius and that he faces at least five years in prison and a fine of 30 million Mauritian rupees (approximately $738,000 USD).
Quote (Emphasis added) Mauritius’ Top Court Denies Bail to Wakashio Captain; Master to Remain in Jail Pending Trial gCaptain, June 10, 2021 By Vel Moonien in Mauritius Mauritius’ Supreme Court rejected a appeal for the release on bail of the captain of the ill-fated Wakashio, siding instead with prosecutors that the captain posed a flight risk due to the heavy prison sentence and hefty fine he faces if prosecuted.
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Captain Nandeshwar pointed out that a seafarers’ organization had agreed to provide him with lodging. However, the police noted that the premises was not guarded and less than 2 km from Port-Louis’ harbor. The fact that the Mauritian coastline is not constantly under surveillance could also tempt the defendant, who is an experienced seaman who has worked as a captain since 1995 and had navigated to and from Mauritius several times in the past.